What are my legal rights if someone fails to provide a promised job after taking money from me in India?

Question from Smith, What are my legal rights if someone fails to provide a promised job after taking money from me in India?

Answer from AI:

In India, if someone has taken money from you promising a job in a top MNC company and fails to deliver, you have several legal rights to seek justice. This situation can be considered as a fraud or cheating under the Indian Penal Code (IPC) and also a violation of the Consumer Protection Act.

Legal Provisions under the Indian Penal Code (IPC)

Under the IPC, this act can be considered as cheating, which is a criminal offence. The relevant sections are:

• Section 415: Cheating – Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, is said to “cheat”.
• Section 420: Cheating and dishonestly inducing delivery of property – Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Legal Provisions under the Consumer Protection Act

The Consumer Protection Act, 2019 also provides protection against such fraudulent activities. If the person who promised you the job can be considered as a ‘service provider’, then you can file a complaint under this Act.

• Section 2(42): “Service” means service of any description which is made available to potential users and includes, but not limited to, the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, telecom, boarding or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service.

Legal Steps to Take

If you find yourself in such a situation, here are some steps you can take:

1. Collect all the evidence: Gather all the documents, receipts, and any other evidence related to the transaction.
2. File a police complaint: Report the matter to your local police station and file a First Information Report (FIR) under the relevant sections of the IPC.
3. File a consumer complaint: If applicable, you can also file a complaint with the District Consumer Disputes Redressal Commission.

Remember, it’s always advisable to consult with a legal professional for personalized advice. They can guide you through the process and help you understand your rights and options better.

For more information, you can refer to the Consumer Protection Act, 2019 and the Indian Penal Code.